Wilder v. Case
New York Supreme Court
Error from the Orleans common pleas. Case and two other persons, in March, 1833, commenced a suit in a justice’s court, against Wilder, and declared for breach of a special contract entered into between the parties, whereby Case and his associates agreed to clear 30 acres of land for Wilder and enclose the same in fence, and Wilder on his part agreed to give them a yoke of oxen, of the value of $70, and to allow them to raise a crop of wheat on the premises cleared, and also…
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Error from the Orleans common pleas. Case and two other persons, in March, 1833, commenced a suit in a justice’s court, against Wilder, and declared for breach of a special contract entered into between the parties, whereby Case and his associates agreed to clear 30 acres of land for Wilder and enclose the same in fence, and Wilder on his part agreed to give them a yoke of oxen, of the value of $70, and to allow them to raise a crop of wheat on the premises cleared, and also to give them further privileges. The plaintiffs averred that they were prevented by the defendant from putting in the…
1Opinion of the Court
By the Court, Cowen, J.
I am satisfied, on the whole, that the introduction of the matter, by which the action in the common pleas was sought to be sustained as a defence in the suit before the justice, should have been put to the jury as a bar.
Admitting that it was not available as a set-off, because the claim was unliquidated, 2 R. S. 234, § 50, sub. 3 ; id. 236, § 58, sub. 5; or, if proper, that its exclusion on the objection of Wilder would have avoided the objection of omis-. sion to set-off, Phinney v. Earle, 9 Johns. R. 352, had the then defendants stopped there; yet it is well settled,…
2Cases cited2 opinions
- McGuinty v. HerrickNew York Supreme Court · 1830
- Skelding v. WhitneyNew York Supreme Court · 1829
3Cited by11 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Hatch v. BentonNew York Supreme Court · 1849
- Watkins v. American Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Patrick v. . ShafferNew York Court of Appeals · 1884
- Ayres v. O'FarrellThe Superior Court of New York City · 1863
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